Issues in Law
The articles listed below are intended to answer some basic questions about the most common employment law issues encountered by our clients in Ontario. We’ve tried to communicate the material in such a way as to be simple enough for you to understand.
The articles address some fairly complicated material as well. None of it should be considered legal advice and or relied upon to make decisions regarding your employment situation. The hope, rather, is that the articles can help you ask better questions and provide some pointers as to next steps.
Employment Agreements
Your employment is subject to a probation period of three months. Now, what does this mean? In a word, nothing. … read moreConstructive Dismissal
A constructive dismissal occurs when the employer repudiates the employment relationship by demonstrating an intention to no longer be bound by it. Typically, this involves a unilateral change by the employer to a fundamental term of an employee’s employment, without notice … read moreImproper Cause Allegations
Another way that an employee can argue for additional damages, is when the employer fails to provide a reference letter or provides a ‘perfunctory’ reference letter … read moreLeave of Absence
The Employment Standards Act of Ontario states that no employer shall intimidate, dismiss or otherwise penalize an employee who is or will take a leave of absence … read moreForced Retirement
The case law generally requires that the employee make a clear and voluntary decision to retire and communicate that decision to the company … read moreSeverance Packages
Let’s assume for the moment that you have just completed your 17th year of employment as a manager at a company when all of a sudden you are fired due to restructuring … read moreDisability Payments
It is reasonable to assume that an employee will not pay for a benefit (i.e. make contributions to a benefits policy during employment) that would ultimately enable the employer to avoid responsibility for a “wrongful” act … read moreDisciplinary Suspensions
When an employee commits an act that requires discipline, can an employer institute progressive discipline such as an unpaid suspension without it being considered a constructive dismissal? … read moreEmployment Contracts
After close to two years of employment, my client was fired allegedly with cause but the company offered him a “gratuitous payment” of two weeks of salary in accordance with the termination without cause provision in the employment contract … read moreWorkplace Violence
In the heat of the moment, it is easy for some people to lose control and resort to less civilized methods of resolving their problems. Unfortunately, a lost temper can result in being fired when it occurs at the workplace … read more
